INTRODUCED: October 13, 2014

AN ORDINANCE No. 2014-199

To amend and reordain City Code § 10-92, concerning cruelty to animals, to prohibit the use of

certain instruments in the training or control of elephants.

Patrons – President Samuels, Mr. Hilbert and Mr. Agelasto

Approved as to form and legality

by the City Attorney

PUBLIC HEARING: OCT 27 2014 AT 6 P.M.

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1. That section 10-92 of the Code of the City of Richmond (2004) be and is hereby

amended and reordained as follows:

Sec. 10-92. Cruelty to animals.

(a) For the purposes of this section, the term "animal" shall be construed to include

birds and fowl.

(b) A person shall be guilty of a class 1 misdemeanor if the person:

(1) Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully

inflicts inhumane injury or pain not connected with bona fide scientific or medical

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experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal,

whether belonging to such person or another;

(2) Deprives any animal of necessary food, drink, shelter or emergency

veterinary treatment;

(3) Sores any equine for any purpose or administers drugs or medications to

alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless

such administration of drugs or medications is within the context of a veterinary clientpatient

relationship and solely for therapeutic purposes;

(4) Willfully sets on foot, instigates, engages in, or in any way furthers any act

of cruelty to any animal;

(5) Carries or causes to be carried in or upon any vehicle, vessel or otherwise

any animal in a cruel, brutal, or inhumane manner, so as to produce torture or

unnecessary suffering; or

(6) Causes any of the things mentioned in subsections (b)(1) through (5) of

this section or being the owner of such animal permits such acts to be done by another.

(c) Any person who abandons or dumps any dog, cat or other companion animal in

any public place, including the right-of-way of any public highway, road or street, or on the

property of another shall be guilty of a class 3 misdemeanor.

(d) It shall be unlawful for any person to fail to provide any dog with adequate space.

(1) As used in this section, the term “adequate space” has the meaning

ascribed to that term by Code of Virginia, § 3.1-796.66.

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(2) It shall be unlawful for any person to tether a dog for more than one hour

cumulatively within any twenty-four hour period, whether or not the tethered dog has

been provided adequate space.

(3) Each violation of either subdivision (1) or subdivision (2) of this

subsection constitutes a separate violation of this subsection. The first violation of this

subsection shall be punished as a Class 3 misdemeanor. However, a second violation of

this subsection, whether or not involving the same dog, within one year after conviction

of the first violation shall be punished as a Class 2 misdemeanor. The third and each

subsequent violation of this subsection, whether or not involving the same dog, within

one year after conviction of the first violation shall be punished as a Class 1

misdemeanor.

(e) Nothing in this section shall be construed to prohibit the dehorning of cattle.

(f) This section shall not prohibit authorized wildlife management activities or

hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including but

not limited to Code of Virginia, tit. 29.1, or to farming activities as provided under Code of

Virginia, tit. 3.1 or regulations promulgated thereto.

(g) In addition to the penalties provided in subsection (b) or subsection (d) of this

section, the court may, in its discretion, require any person convicted of a violation of subsection

(b) or subsection (d) of this section to attend an anger management or other appropriate treatment

program or obtain psychiatric or psychological counseling. The court may impose the costs of

such a program or counseling upon the person convicted.

(h) It is unlawful for any person to kill a domestic dog or cat for the purpose of

obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a

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class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a class

6 felony.

(i) It shall be unlawful for any person to use a bullhook, ankus, baseball bat, axe

handle, pitchfork or similar instruments or a tool designed to inflict pain for the purpose of

training or controlling the behavior of an elephant. For purposes of this subsection, the term

“use” means brandishing, exhibiting or displaying a bullhook, ankus, baseball bat, axe handle,

pitchfork or similar instruments or a tool designed to inflict pain in the presence of an elephant or

poking an elephant with such an instrument or tool for the purpose of training or controlling the

behavior of the elephant. Any person who violates this subsection shall be guilty of a Class 2

misdemeanor.

§ 2. This ordinance shall be in force and effect on January 1, 2017